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NOD Still Processing after 5 years?!
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lawrencebe
Posted in a different forum but I’ll bring this here as it’s more appropriate.
Back in August of 2013 my VSO sent in a NOD (which was within a year of my denial which I received in February 2013). This NOD was done because I was unable to get the VA to reschedule my C&P Exams in 2012 after requesting several times and subsequently all my claims were deemed “Not Service Connected. Not Enough Evidence”. After 4+ years with no word from the VA I went back to my VSO in April 2018 and he refiled a NOD, with the original one attached, and I received a denial in May 2018 saying my NOD was outside of the year time frame.
My VSO also refiled for a new claim at the same time as the 2nd NOD in April 2018 because he was unable to see in VBMS anything regarding my an NOD, if an SOC was sent, or any DRO status. My original claim at the time was closed and nothing else seemed as if there could be done.
The new claim was accepted in April 2018, I sent in my packet in October 2018, and I began going to all my QTC appointments with my last being in the beginning of December. All seemed well but my new claim is gone and after speaking to the VA over the phone it now seems as if my new claim was denied due to my original September 2012 claim still in the appeal process from August 2013.
A letter from the VA which will be sent tomorrow Jan 2, 2019 is stating in summary that I cannot refile a new claim with the same items that are still being appealed which is blowing my mind.
So at this point I’m trying to see if I (my VSO) should send in another NOD, send in an I9 or do something else to figure out what is going on. 4+ years of not knowing what is going on is enough and somehow I need to fight I just don’t know where to begin.
Thanks for all the help and advice in advance!
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vetquest
This is so true lawrencebe. Never trust your VSO 100%. I almost lost five years of TDIU because my VSO did not file the proper form 9 when appealing a decision. He apologized and told me to re-file
vetquest
That is a dilemma. It seems by reading the denial you already have a claim pending. You say there is no record of it though. I say it is time to contact the white house vets number. 1-855-948-2311
lawrencebe
Called them today and they’re only looking for 100% Disability cases where vets are unemployed. They sent my situation to one of there other partner firms. It’s a definit start!
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